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1 No objection that has not been urged before the Commission, 2 its member, or agent shall be considered by the court, unless 3 the failure or neglect to urge such objection shall be excused 4 because of extraordinary circumstances. The findings of the 5 Commission with respect to questions of fact if supported by 6 substantial evidence shall be conclusive. If either party 7 shall apply to the court for leave to adduce additional evi8 dence and shall show to the satisfaction of the court that such 9 additional evidence is material and that there were reason10 able grounds for the failure to adduce such evidence in the 11 hearing before the Commission, its member, or agent, the 12 court may order such additional evidence to be taken before 13 the Commission, its member, or agent, and to be made a 14 part of the record. The Commission may modify its findings as to the facts, or make new findings, by reason of additional 16 evidence so taken, and it shall file with the reviewing court 17 such modified or new findings, which findings with respect 18 to questions of fact if supported by substantial evidence on 19 the record considered as a whole shall be conclusive, and its 20 recommendations, if any, for the modification or setting aside 21 of its original order. The jurisdiction of the court shall be 22 exclusive and its judgment and decree shall be final, except 23 that the same shall be subject to review by the Supreme 24 Court of the United States as provided in section 1254 of

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1 title 28, United States Code. Petitions filed under this sub

2 section shall be heard expeditiously.

3

"(1) Any respondent or person aggrieved by a final 4 order of the Commission granting or denying, in whole or 5 in part, the relief sought may obtain a review of such order 6 in any United States court of appeals of the judicial circuit 7 wherein the unlawful employment practice was alleged to 8 have been engaged in or wherein such person resides or 9 transacts business or the Court of Appeals for the District 10 of Columbia, by filing in such court a petition praying that 11 the order of the Commission be modified or set aside. A 12 copy of such petition shall be forthwith served upon the 13 Commission and thereupon the Commission shall file in the 14 court certified copies of the record of the proceedings before 15 the Commission and the findings and order of the Commis16 sion. Upon timely application the court may permit any 17 interested person to intervene in the proceeding. The com18 mencement of proceedings under this subsection shall not, 19 unless ordered by the court, operate as a stay of the order 20 of the Commission. Upon such filing, the court shall pro21 ceed in the same manner as in the case of an application by 22 the Commission under subsection (k), the findings of the 23 Commission with respect to questions of fact if supported

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1 by substantial evidence shall be conclusive, and the court

2 shall have the same jurisdiction to grant to the petitioners

3

or to the Commission such temporary relief, restraining or

4 der, or other order as it deems just and proper, and in like

5

manner to make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in 7 part the order of the Commission.

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"(m) The provisions of the Act entitled "An Act to 9 amend the Judicial Code and to define and limit the juris10 diction of courts sitting in equity, and for other purposes", 11 approved March 23, 1932 (29 U.S.C. 101-115), shall not 12 apply with respect to (1) proceedings under subsections 13 (k) or (1) of this section, (2) proceedings under section 14 707 of this title, or (3) any other proceedings brought by 15 the United States or any agency thereof to prevent discrimi16 nation in employment on account of race, color, religion, or 17 national origin.

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"(n) The Attorney General shall conduct all litigation 19 to which the Commission is a party pursuant to this title. 20 "(o) (1) An aggrieved person may institute a civil 21 action against the respondent named in the charge in the 22 appropriate United States district court, without regard to 23 the amount in controversy, or in any state or local court 24 of competent jurisdiction if—

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"(A) one hundred and eighty days after filing a

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233

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charge the Commission has, for any reason whatsoever, failed or declined to issue a complaint or has terminated proceedings (including charges with respect to which the Commission has secured voluntary compliance satis

factory to it), within sixty days thereafter, or within sixty days following receipt of notice from the Commission that it declines to issue a complaint, whichever is

earlier, and provided such a complaint is not issued in the interim; or

"(B) the Commission ends the proceeding by agreement pursuant to subsection (i) of this section and the aggrieved person has not consented in writing

to such agreement, within sixty days following receipt of notice of such agreement.

15 Upon timely application, the Commission shall have the 16 right to intervene in actions brought pursuant to this sub

17 section.

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'(2) In civil actions brought pursuant to this subsection, 19 the court shall give no effect to the fact that the Commission 20 has (A) terminated proceedings with respect to the charge 21 without issuing a complaint, or (B) failed or declined to 22 issue a complaint for any other reason, or (C) ended the 23 proceeding by agreement pursuant to subsection (i) of this 24 section. If the court finds that the respondent has engaged 25 in an unlawful employment practice, the court may enjoin

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1 the respondent from engaging in such unlawful employment 2 practice, and order such affirmative action as may be appro3 priate, which may include reinstatement or hiring of em4 ployees with or without backpay (payable by the employer, 5 employment agency, or labor organization, as the case may 6 be, responsible for the unlawful employment practice), as 7 will effectuate the policies of this title. Interim earnings or 8 amounts earnable with reasonable diligence by the person 9 or persons discriminated against shall operate to reduce the 10 backpay otherwise allowable.

11 SEC. 3. Section 707 of the Civil Rights Act of 1964 12 (78 Stat. 261; 42 U.S.C. 2000e-6) is amended by adding a new subsection (c) as follows:

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"(c) Any record or paper required by section 709 (c) 15 of this title to be preserved or maintained shall, upon demand 16 in writing by the Attorney General or his representative 17 directed to the person having custody, possession, or control 18 of such record or paper, be made available for inspection, reproduction, and copying by the Attorney General or his 20 representative. Unless otherwise ordered by a court of the 21 United States, neither the Attorney General nor any em22 ployee of the Department of Justice, nor any other repre23 sentative of the Attorney General, shall disclose any record

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or paper produced pursuant to this title, or any reproduction

or copy, except to Congress and any committee thereof,